H 4778 Session 110 (1993-1994)
H 4778 General Bill, By Bailey, M.O. Alexander, Alexander, Allison, Askins,
J.J. Bailey, B.O. Baker, R.A. Barber, Boan, Breeland, G. Brown, H. Brown, Canty,
Carnell, Cato, C.D. Chamblee, Cobb-Hunter, Davenport, L.L. Elliott, Fair,
T.L. Farr, R.C. Fulmer, Gamble, Govan, L.O. Graham, H.M. Hallman, Harrell,
J.L. Harris, P.B. Harris, Haskins, J. Hines, D.N. Holt, W.S. Houck, H.G. Hutson,
Inabinett, M.F. Jaskwhich, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon,
Lanford, Law, Littlejohn, C.V. Marchbanks, J.G. Mattos, McCraw, McKay,
M. McLeod, McMahand, Meacham, Moody-Lawrence, J.H. Neal, Neilson, Phillips,
Rhoad, Richardson, Riser, Robinson, Scott, Sharpe, J.S. Shissias, Simrill,
R. Smith, D. Smith, Spearman, Stille, E.C. Stoddard, C.H. Stone, Stuart,
C.L. Sturkie, Townsend, Trotter, J.W. Tucker, Vaughn, C.Y. Waites, Walker,
C.C. Wells, L.S. Whipper, J.M. White, Wilder, J.B. Wilder, Wilkes, D. Williams,
Witherspoon, S.S. Wofford, H.G. Worley, D.A. Wright and Young-Brickell
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 2
to Chapter 3, Title 15, so as to enact the Volunteer Service Protection Act,
to provide immunity from civil liability based upon a volunteer's action in
connection with his duties for certain organizations, and to provide
definitions.
02/17/94 House Introduced and read first time HJ-15
02/17/94 House Referred to Committee on Judiciary HJ-16
05/24/94 House Committee report: Favorable with amendment
Judiciary HJ-7
06/01/94 House Tabled HJ-388
COMMITTEE REPORT
May 24, 1994
H. 4778
Introduced by REPS. G. Bailey, J. Wilder, J. Bailey, Richardson,
Fulmer, Kennedy, Hallman, Canty, Law, Wofford, H. Brown, Inabinett,
Sharpe, Cobb-Hunter, Elliott, Moody-Lawrence, Askins, Worley, Holt,
Townsend, McMahand, Davenport, G. Brown, Simrill, A. Young,
R. Smith, Littlejohn, Jaskwhich, Stone, Rhoad, Mattos, Stuart, Boan,
Govan, Sturkie, Chamblee, McKay, McLeod, Farr, Williams, Hines,
Neilson, Hutson, Wells, J. Harris, Allison, Phillips, M.O. Alexander,
Walker, Gamble, Marchbanks, Whipper, Houck, Keegan, Witherspoon,
Spearman, Klauber, D. Wilder, Neal, Cato, Shissias, Baker, McCraw,
Vaughn, Breeland, Kirsh, Wilkes, Barber, Haskins, Fair, Stille, Harrell,
Lanford, Wright, Graham, D. Smith, White, Meacham, T.C. Alexander,
Carnell, Tucker, Waites, Trotter, Kelley, Stoddard, Robinson, P. Harris,
Koon, Riser and Scott
S. Printed 5/24/94--H.
Read the first time February 17, 1994.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 4778), to amend the Code of Laws
of South Carolina, 1976, by adding Article 2 to Chapter 3, Title 15, so
as to enact the Volunteer Service Protection Act, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking Section 2 and
inserting:
/SECTION 2. This act takes effect upon approval by the Governor
and applies to a claim of action arising on or after the effective date of
the act./
Amend title to conform.
JAMES H. HODGES, for Committee.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING ARTICLE 2 TO CHAPTER 3, TITLE 15, SO AS TO
ENACT THE VOLUNTEER SERVICE PROTECTION ACT, TO
PROVIDE IMMUNITY FROM CIVIL LIABILITY BASED UPON A
VOLUNTEER'S ACTION IN CONNECTION WITH HIS DUTIES
FOR CERTAIN ORGANIZATIONS, AND TO PROVIDE
DEFINITIONS.
Whereas, the legislature finds and declares that the willingness of
volunteers to offer their services has been increasingly deterred by a
perception that they put personal assets at risk in the event of tort actions
seeking damages arising from their activities as volunteers; and
Whereas, the contributions of programs, activities, and services to
communities are diminished and worthwhile programs, activities, and
services are deterred by the unwillingness of volunteers to serve either
as volunteers or as officers, directors, or trustees of nonprofit public and
private organizations;
Whereas, it is in the public interest to strike a balance between the right
of a person to seek redress for injury and the right of an individual to
freely give of his time and energy without compensation as a volunteer
in service to his community without fear of personal liability for acts
undertaken in good faith absent wilful or wanton conduct on the part of
the volunteer;
Whereas, the provisions of the Volunteer Service Protection Act are
intended to encourage volunteers to contribute their services for the
good of their communities and at the same time provide a reasonable
basis for redress of claims which may arise relating to those services.
Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 15 of the 1976 Code is amended by
adding:
"Article 2
Volunteer Service Protection
Section 15-3-210. This article may be cited as the `Volunteer
Service Protection Act'.
Section 15-3-220. As used in this article:
(1) `Governmental entity' means any county, municipality, township,
school district, chartered unit or subdivision, governmental unit, other
special district, similar entity, or any association, authority, board,
commission, division, office, officers, task force, or other agency of any
state.
(2) `Nonprofit corporation' means a corporation which is exempt
from taxation pursuant to Section 501(a) of the Internal Revenue Code,
26 U.S.C. Section 501(a).
(3) `Nonprofit organization' means an organization which is exempt
from taxation pursuant to Section 501(c) of the Internal Revenue Code,
26 U.S.C. Section 501(c), as amended.
(4) `Volunteer' means a person performing services for a nonprofit
organization, a nonprofit corporation, a hospital, or a governmental
entity without compensation, other than reimbursement for actual
expenses incurred. The term includes a volunteer serving as a director,
officer, trustee, or direct service volunteer.
Section 15-3-230. (A) A volunteer is immune from civil liability
in any action on the basis of any act or omission of a volunteer resulting
in damage or injury if:
(1) the volunteer was acting in good faith and within the scope of
his official functions and duties for a nonprofit organization, a nonprofit
corporation, hospital, or a governmental entity; and
(2) the damage or injury was not caused by wilful and wanton
misconduct by the volunteer.
(B) In an action against a nonprofit organization, nonprofit
corporation, or a hospital for civil damages based upon the negligent act
or omission of a volunteer, proof of the act or omission is sufficient to
establish the responsibility of the organization, notwithstanding the
immunity granted to the volunteer.
Section 15-3-240. A plaintiff may sue and recover civil damages
from a volunteer based upon a negligent act or omission involving the
operation of a motor vehicle during an activity. The amount recovered
from the volunteer must not exceed the limits of applicable insurance
coverage maintained by or on behalf of the volunteer with respect to the
negligent operation of a motor vehicle."
SECTION 2. This act takes effect upon approval by the Governor and
applies to a civil action commenced on or after one hundred eighty days
from the effective date regardless of whether the claim arose before the
effective date.
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